What are the consequences if the second husband did not have intercourse with the woman whom the first husband proved he had reconciled with?

General Chapter

Al-Mughni

Book of Reconciliation (Return During 'Iddah)

Book 40 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the second husband did not have intercourse with her, a separation is enforced between them, and she is returned to the first husband. The second husband owes her nothing. If evidence of the reconciliation is established before the second husband has intercourse with her, she is returned to the first husband without disagreement within the Madhhab, and this is one narration from Malik.

Supporting text

If the second husband had intercourse, she is entitled to the 'Mahr al-Mithl' (dower equivalent to her peers) from him, as this intercourse is considered suspicious intercourse (Wat' Shubah). She must observe an Iddah, and she is not lawful for the first husband until that Iddah concludes.